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Home My WebLink About15-94 Burger King - BackfileRECEIPT N2 024342 AMOUNT DUE AMOUNT PAID BALANCE DUE $~ PAID BY CASH ! CHECK. i ❑ OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 DATE RECEIVED FROM ADDRESS —AI THE SUM OF v 11Y'DOLLARS illi. \\ /� 1 FOR Printed in USA ► COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 December 28, 1994 Mr. William B. Holtzman P.O. Box 8 Mt. Jackson, Virginia 22602 RE: VARIANCE, #015-94 FOR BURGER KING: P.I.N. #43-3-D Dear Mr. Holtzman: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of December 20, 1994 Your Varianceapplication--#015-94 for a sign height variance of 75 feet was approved. If you have any questions regarding the approval of this variance, please feel free to call this office. Sinrerndv . W. V4 Zoning Administrator WWM/bah 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 CROW ] CCORK Z, SEAL 00D\jl PAR]Y9 I N C . P.O. Box 2820, Winchester, VA 22604 703-662-2591 Celebrating One Hundred Years in The Packaging Industry December 14, 1994 Ms. Jean i\,-1. Moore, Planner I County of Frederick Department of Planning & Development 9 North Loudoun Street Winchester, Virginia 22601 Re: Sign Height Variance -Property ID #43-31) Dear tits. Moore: On December 13, 1994 Crown Cork & Seal Company, Inc. -Winchester received written notice of application by Mr. William B. Holtzman, seeking a variance to change height restrictions for signage within a B-2 Zoning. After reviewing the information provided with our corporate and legal staff, Crown supports the position presented under "Staff Comments", for both the Burger Ding and Amoco application. As a responsible corporate citizen, Crown Cork & Seal Company, Inc. is, and always has been, committed to maintaining the integrity of the community here in Winchester. The Planning & Development Department comments, we feel, are in the best interest of the community. Sincerely, J)a A Charles M. Heck, Industrial Engineer Environmental Health & Safety Manager cc: F. Babic D. Donaghy C. Gorecki CROWN CORK & SEAL CONVAPANY, WNW. 1892.1992 P.O. Box 2820, Winchester, VA 22604 703-662-2591 Celebrating One Hundred Years in The Packaging Industry December 14, 1994 Ms. Jean M. Moore, Planner I County of Frederick Department of Planning & Development 9 North Loudoun Street Winchester, Virginia 22601 Re: Sign Height Variance -Property ID #43-31) Dear Ms. Moore: Can December 13, 1994 Crown Cork & Seal Company, Inc. -Winchester received written notice of application by Mr. William B. Holtzman, seeking a variance to change height restrictions for signage within a B-2 Zoning. After reviewing the information provided with our corporate and legal staff, Crown supports the position presented under "Staff Comments", for both the Burger Ding and Amoco application. As a responsible corporate citizen, Crown Cork & Seal Company, Inc. is, and always has been, committed to maintaining the integrity of the community here in Winchester. The Planning & Development Department comments, we feel, are in the best interest of the community. Sincerely, Ac U_ Charles M. Heck, Industrial Engineer Environmental Health & Safety Manager cc: F. Babic D. Donaghy C. Gorecki i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 December 6, 1994 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application oh MR. WILLIAM B. HOLTZMAN APPLICATION #015-94 FOR: a sign height variance of 75'. This property is located at the intersection of Martinsburg Pike (Route 11), Welltown Pike (Route 661), and VA Route 37 and is identified with PIN 43-3-D in the Gainesboro District. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of December 20, 1994, at 3:25 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Jean M. Moore Planner I JMM/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify that*e attache( DECFMBF.R 6. 1994 Frederick County, Virginia: MR. WILLIAM B. HOLTZMAN P.O. BOX 8 MT. JACKSON, VIRGINIA 22842 CROWN CORK & SEAL 9300 ASHTON ROAD PHILADELPHIA PA 19136 PAUL D. 14ULDOWNEY P.O. BOX 478 HAGERSTOWN, MD. 21740 FIRST VIRGINIA BANK P.O. BOX 389 WOODSTOCK, VIRGINIA 22664 STATE OF VIRGINIA COUNTY OF FREDERICK I, RENEE' S. ARLOTTA correspondence was rated to the following on from the Department of Planning and Development, (�-`--- J n M. Moore, Planner I Frederick Co. Planning Dept. , a Notary Public in and for the State and County aforesaid, do hereby certify that Jean M. Moore Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated DECEMBER 6, 1994 has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this 6TH day of DECEMBER 1994 My commission expires on AUGUST 31, 1995 a- 7d, 19'I'VA m, BZA REVIEW DATE: 12/20/94 VARIANCE #015-94 BURGER KING LOCATION: This property is located at the intersection of Martinsburg Pike (Route 11), Welltown Pike (Route 661), and VA Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 43-3-D PROPERTY ZONING & USE: Zoned B2 (Business General) land use - vacant ADJOINING PROPERTY ZONING & USE: Zoning - M1 (Light Industrial), B2 (Business General) Land use - Business, vacant VARIANCE: A sign height variance of 7 tea 751. REASON FOR VARIANCE: The applicant is seeking a variance due to the shape and the location of the property in relation to the adjacent existing businesses and the nearby interstate intersection as well as the topographic conditions of the site in relation to the interstate. STAFF COMMENTS: Height restrictions for signs within a B-2 zoning district is thirty-five (35) feet. This limitation still allows signs to be visible from Interstate 81. In addition, signs designating this business can also be advertised on interstate logo signs that point out direction and distance. The only justification for granting the applicant a variance, is if this restriction presented is an undue hardship. Monetary gain or loss is not a criteria for hardship. Ordinances which are implemented with much consideration should not be discarded due to marketing tools. Nor should variances be granted for signs so they can "out do" one another. Because the requirement can be met without placing a burden or hardship on the applicant, staff feels the additional height is not necessary. STAFF RECOMMENDATIONS: Staff strongly recommends denial. page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner 2. APPLICANT: NAME: ,,:r. William B. Holtzman * ADDRESS P.u. box u hit. Jackson, Virginia 22842 r other . (Check one) OCCUPANT: (if different) NAME: Little Apple Corp. - Burger Xinj ADDRESS: P.L. Bc.,x 8 :A. Jackson. Virci is 226L4 TELEPHONE: 703-477-3131 TELEPHONE: 703-1q','- 1 1 3. The property is located at (give exact directions and include State Route numbers): Northeast quadrant of the intersection of U.S. Route 11/Va. .route 37 (r-iartinsburg Pike) and Route 661 (Welltown Pike). Adjoining the existing First Virginia Bank site. 4. The property has a road frontage of 212.54 feet and a depth Of 210-YLQ_jt�_feet and consists of 2.049 acres. (please be exact) 5. The property is owned by First Virginia Bank - Shenandoah Valley as evidenced by deed from Bank of Frederick County recorded (previous owner) in deed book no. 435 on page 183 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. * c/o Gilbert W. Clifford & Associates, Inc. - Stephen 1,.. Gyurisin 200 N. Cameron St., Winchester, Va. - 667-2139 Send respance to above address. page 2 of 5 6. Magisterial District: ;,a-;,, 7. 14-Digit Property Identification No.: 43 ((3)) Pcl I `-U 1�8� 8. The existing zoning of the property is: B-2 9. The existing use of the property is• Vacant 10. Adjoining Property: USE North Vacant East taco bell (under cons tr) South U.S. Rt. 11/Va. Rt. 37 West Crown Cc,rk & Seal (Mfg) ZONING�sA•,, q' M-1 B-2 NO Ii-1 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") "Up to a 75' sign height variance for a Burger King sign." 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto The shape an,.: the location of the property in relati n to the adjacent existing businesses and the nearby interstate intersectinn as well as the topographic conditions of the site in relation to the interstate. 13. Additional comments, if any Page 3 of 5 14. The following names and addresses are all of the individuals firms, or corporations owning property adjacent to the prone, -t which the variance is being sought, including prope'ti -,°�t,,�, sides, rear and in front of (across street from) the, bject property. (Use additional pages if necessary.) These�peo�;will be notified by mail of this application: Please lis C-co t 14 digit property identification number) p o NAME Crown ..ork & Seal Co., Inc. Paul D. l•:uldowney, et al First Virginia Bank - Shenandoah Valley i 1 I � AHHracc 9300 Ashton Road, Philadelphia, PA Property ID# 4� ((4)) A / 43000002000OA0 At3 race P.0 Box 478, Hagerstown, MD 21740 Property ID# 43 ((2)) B / 4r30000020000Bo NHAro�-� Y.U. Box 369, Woodstock, VA 22664 Property ID# 43 ((3)) D / 430000030000DO Nddress ?roperty ID# %ddress Property ID# kddress 3roperty ID# kddress 3roperty ID# kddress 3roperty ID# address )roperty ID# address 'roperty ID# iddress 'roperty ID# 19136 Paul D. vuldo".y, •t al DO 664 �- P 176 Zoned: All Uew lra0 s Pau/ D. .lN/downq, .t o! \ N OB 664 w P Zonal: ul Usr voeott p � Paul D. Muldowney, of al \ DO 664 — P 278 Zane,* U1 Usw• vocaat OQ 50 Lot 1 2.049 Acres z oe c.1 Gown, Cork sr s.ol co., Ina on O DB 161 •- P 485 p V Zoned: All O Uae: Nanufactunbg /z Gown, Cork h seal Ca, Inc C., O6 161 •- P 485 Zoned.^ Alf U.a Alonuf—tuMhy / o� 5918 E t, t 2 644 Acres a orY On -A x Q2g26 2llgag� 4 a Paul 0, Md4 rn.y, •lyQ& (9 r J! j C' N q 0 \o 0 0 m \� u N / 3 o 10 99 jay. 37. ate � ante 61 hk 11�va P ke RO°tetinsbudg R/w U g. t loorlabl6 Wl APPROXIMATE "BURGER KING SIGN LOCATION NOTES: I. No title report furnished. 2. Easements may exist that are not shown. J. Iron rods found or set at all property corners unless denoted otherwise. AREA SUMMARY Lot 1 2.049 Acres Lot 2 0.644 Acres Total Area Subdlv/ded 2.693 Acres TM 43 ((3)) Pal D Zoned: B2 Use. Bonk �P, I HH C� L GLAs T o CERTIFICATE 0. .-. U 197 n ,CERT IE LAND 0 60 100 200 Graphic Scale In Feet 1 "-100' MINOR SUBDIVISION of the land of First Virginia Bank - Shenandoah Valley (formerly Bank of Frederick County) Cal,absbom Magisterial Dllserict RYedenNr County, Vrginio DATE: 22 July 1994 SCALE: 1'-100' Sheet 2 of 2 glibert w. cllfford & assoclotes, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS 160-C Old• GT.•n-f.h Drive 200 North Cameron Street Fr.derldc.burq, Virginia 21401 W1noh•.t•r, Nrglnla 22601 (703) 606-2113 (703) 667-2139 �1 r1 mm ALE . M75 (REMO t/E AF7-ER //V-5 TALL A T 8 A 4 z �'CX ND. MACH. tOP SEGTI�N 1 I F.W. SH/r7PEC.` /,,1 -4 , Q D/ SEC T/ONS !' EACh'c 4Z" A. C W. 5h/POE SSE 'TION x 0. A';4L',q. BOI. 1 aA i SIGN QA.N, Holt - `- F0'c?4fEo E5CV7•C-A✓CON //VS TA4 L c WE ; u ]"HR REMO V.gBLE EivD - x'iI. L ER �--•- _Tr - U F4R SE�av/CE . 5 T COL, A —''� G 4 y S.4 Cg�iWE4OED TO CCCuMA' �n "— ELEC. 0072.E7- SY ERECTOR ) � S`6, COL, 6 It it I COL, D r I tI �- 5.,L .. 7YA I ---t i COLUMN NT, i t tl COL. I COL. /':'" ---- •`_ �_ rAL. t W/OTH A A %2 Y Plpl-` HALF- � ' CCupc. /NG I l •Co�I.svP�c GR. � �� I I n Via) I w. rr UPPEP /GN BG�i LGWER 516m BOX M R. 5��/ D'�/PLEx /S GA. YA/1ia N4 .E COVET? yHGX NO. T, ti. 5CR. (4 ) 5r t M — EL EL'. CaNDiJ. T (BY EFzECroi:;? ; ;,v a.�y VER77CA` SLAB FOUMQ4 T/ON _ Page 5 of S AGREEMENT S'ls` QPP�7' `1 C6 VARIANCE # I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATIIRE OF APPLICANT`\ SIGNATIIRE OF OWNER I JE I - DATE / (if other than applican -OFFICE USE ONLY- BZA PUBLIC HEARING OF P�� ACTION: DATE APPROVAL DENIAL SIGNED: C'!/C Q�•� BZA CHA RMAN DATE: #4385 SUN OIL CO. OF PENNA. TO: :. :: DEED BANK OF FREDERICK COUNTY +++++++++++++++++++++++++++++ Fi !sr v�c6i�/y.E ,✓K 4 S r.c_ 293 THIS DEED, made the 6th day of December in the year 1977. BETWEEN SUN OIL COMPANY OF PENNSYLVANIA, a Pennsylvania corporatic successor by merger to Sun Oil Company, a New Jersey corporation, 1608 Walnut Street, Philadelphia, Pennsylvania 19103, Grantor, and BANK OF FREDERICK COUNTY, Frederick County, Virginia, Grantee. WITNESSETH: That for and in consideration of the sum of ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000.00), cash in hand paid to the Grantor the receipt of which is hereby acknowledged, the Grantor does hereby grant unto the Grantee, with SPECIAL WARRANTY, the following described real estate: All that certain tract of land located about one mile northeast of Winchester in Stonewall Magisterial District, Frederick County, Virginia, containing 2.6938 acres, more or less, described by plat and survey of Richard U. Goode, dated October 7, 1977, attached hereto and by this reference made a part hereof; and being the same land that was conveyed to Sun Oil Company by deeds from H. W. Butler and Brother, Inc. and Glaize Development, Inc., dated respectively September 20, 1965 and September 21, 1965, and recorded respectively in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 314, at Page 554, and in Deed Book 314, at Page 550, less, however, 0.58 acre conveyed to the Highway Commission of Virginia by certificate recorded in said Clerk's Office in Deed Book 331, at Page 108. A reference is made to the foregoing instruments for a further description of the land herein conveyed. Subject to easements, restrictions and conditions of record, easements or restricticns visible upon the ground. ` • 10.0' 50' o too,-2'oo4g5 lob -.�.\ . E1 ,� 1� 272 C,j,;v . SCALE (N FEET ESTER \GDN NGF WjNOHbio'PRDDDE UBO2Ts6P5c6G 1 5••Vi�ka�/ Q J�0 DD pp245N5DU. N ' 47 ry LAND OF' SUN OIL CO. INC.O WOC02' 3l O' =O \O 2.693 Acres vi _� /�1 v • `�0� i STY, �\ 3 FR• o w o D'8.310 P306 0 35s3 ;r,'BLDG. O C M O _ M C\j LARGENT, JR, vo °� TRUST_ Z 492 153.7. Q/3� 581 S67e44�31 3 96. 33 ' 1 ROUTE No 37 5, The above tract of land and situate in Stonewa111N,aP,isterialtDistrictone 8 lredorick County,Winch Va,eis bounded :is follows; 8eginninr at (1) a concrete 111Rhway marker on the Northwest :?once 661 aide of and corner to State property that is on the ;Vest side of wit !toad No. 61; thence h Route No. 37 S 67 deg 44 min 31 sec-W 396.33 ft to (2) an iron peg; thence with the land of F'.L.Largent Jr. T r, N21 deg 40 min 00 rustee sec W 94.91 ft to (3) an iron peg; thence with the land of Crown Cork &. Seal Co, Inc. N 06 deg 26 min OU sec W .130.71 ft to (4) an iron Deg; thence with the land of Winchester C followin oncrete Products Inc, for the i g three courses N 50 deg 02 min 00 sec E 399.00 ft to (5) an iron peg; thence S 32 deg 54 min W sec E 1 S 21 de03.00 ft to (6) an iron peg; thence g 43 min 00 sec E 200.20 ft to (7) an iron peg; thence with the 1r State Property S 20 deg 46 min 48 sec W 55.81 ft to the r Point of beginning containing 2,093 acres more or less. ,p,LT11 OCrIODE F S y Cc RTI! 1cD LAtiD SURVEYOk NO-u.312 0�'1'Uliak 7, 7977 N0. � AvccA was produced to m d .y c: _ eon the v th ��aihed� car;f:�azmn,J 9etat �odcltto r.JJrd. 'm.etoannexeseJ8125yS'c. 38.64.1 of and 5:-54 have been Paid, it _asesable. Clerk. ;: 0 gilbert w. clifford & associates, inc. 200 N.Cameron Street Winchester, Virginia 22601 703-667-2139 Fax: 703-665-0493 TO: WE ARE SENDING YOU aHAND DELIVERED SHOP DRAWINGS COPY OF LETTER COPIES DATE 2 2 1 11 21, aATTACHED CHANGE ORDER ❑ PRINTS ❑ PLATS 0 LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 11/23/94 ATTENTION Mr. Wayne Miller RE: Holtzman - Rt. 11 Property, FIUNDER SEPARATE THE FOLLOWING ITEMS 1-1 SAMPLES SPECIFICATIONS ❑ PLANS Fx I OTHER DESCRIPTION Sign Size and Height Variance Application - Burger Sign Size and Height Variance Application - Amoco Check #054439 in the Amount of $1050.00 X❑ ARE TRANSMITTED U FOR APPROVAL FOR YOUR USE APPROVED/SUBMITTED ❑ APPROVED/AS NOTED ❑ RETURN/CORRECTIONS ❑ AS REQUESTED FOR REVIEW or COMMENT FOR BIDS DUE 19 REMARKS COPY TO: Bill Holtzman SIGNED RESUBMIT___ FOR APPROVAL 7 SUBMITFOR DISTRIBUTION ❑ RETURNED_ CORRECTED PRINTS ElLOAN PRINT/RETURN RETURN/WITH SIGNATURES